Quillin

Quillin v. Oregon

Good Law
127 F.3d 1136·1997 WL 644043
United States Court of Appeals for the Ninth CircuitOctober 21, 1997Nos. 96-35790, 96-35777California781 words

Opinion

Lead Opinion

Appellants appeal the district court’s dismissal of their actions against the State of Oregon for violations of the overtime provisions of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201 et seq. Appellants allege that the Eleventh Amendment should not preclude federal jurisdiction over their claims. These cases were consolidated for disposition. Because we lack jurisdiction, we affirm the dismissal.

We review de novo a district court’s conclusion that it lacks subject matter jurisdiction. Wilson v. A.H. Belo Corp., 87 F.3d 393, 396 (9th Cir.1996).

In Quillin, the district court initially granted summary judgment in favor of plaintiffs and awarded unpaid overtime compensation, prejudgment interest, and fees. The parties appealed to this court. While on appeal, the Supreme Court decided Seminole Tribe of Florida v. Florida, 517 U.S. 44 , 116 S.Ct. 1114 , 134 L.Ed.2d 252 (1996). The State filed a motion to vacate and remand to the district court to dismiss for lack of subject matter jurisdiction in light of Seminole Tribe. This court remanded to the district court. The district court subsequently dismissed the case for lack of subject matter jurisdiction. In Stuhr, the…

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